The court properly declined to discharge a sworn juror when, prior to the completion of jury selection, the juror expressed concern and bitterness about the time and money he was losing. Regardless of whether defendant's application is viewed as an application to discharge an incapacitated or unqualified juror (see, CPL 270.15 [3]; 270.35), or as a challenge based on newly discovered cause (see, CPL 270.15 [4]), discharge of the juror was not required. The juror...
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